Backup Documents 01/14/2025 Item #16D 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 D I
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
** ROUTING SLIP**
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
2.
3. County Attorney Office County Attorney Office k4ta t (C
4. BCC Office Board of County Commissioners J/f e/ J
5. Minutes and Records Clerk of Court's Office
///7/.26
f4, #3 / lit?
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above may need to contact staff for additional or missin nfo ation.
Name of Primary Staff Kathy Heinrichsberg ' Phone Number 239-252-3622
Contact/Department
Agenda Date Item was January 14,2025 Agenda Item Number 24-2041
Approved by the BCC 16 D i
Type of Document(s) MOU between CC and FDEM Number of Original
Attached Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature(instead of stamp)? KH
2. Does the document need to be sent to another agency for additional signatures? If yes, KH
provide the Contact Information (Name;Agency; Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legality. (All documents to be signed by KH
the Chairman,with the exception of most letters,must be reviewed and signed by the
Office of the County Attorney.)
4. All handwritten strike-through and revisions have been initialed by the County Attorney NA
Office and all other parties except the BCC Chairman and the Clerk to the Board.
5. The Chairman's signature line date has been entered as the date of BCC approval of the KH
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KH
signature and initials are required. _
7. In most cases(some contracts are an exception),the original document and this routing slip KH
should be provided to the County Attorney Office at the time the item is uploaded to the
agenda. Some documents are time sensitive and require forwarding to Tallahassee within a
certain time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 1/14/2025 and all changes made during KH N/A is not
the meeting have been incorporated in the attached document. The County Attorney an option for
Office has reviewed the changes, if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the KH N/A is not
BCC, all changes directed by the BCC have been made, and the document is ready for the an option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05; 11/30/12;4/22/16;9/10/21
16D1
.,,,)
4t
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
Ron DeSantis Kevin Guthrie
Governor
Director
MEMORANDUM OF AGREEMENT BETWEEN THE FLORIDA DIVISION OF EMERGENCY
MANAGEMENT AND THE COLLIER COUNTY FOR THE TRANSFER OF TIGER DAMS
This Memorandum of Agreement ("Agreement"), effective as of the date of the last signature
1 below ("Effective Date"), is between the STATE OF FLORIDA, DIVISION OF EMERGENCY
MANAGEMENT ("FDEM") and the Collier County to transfer ownership and possession of the
Tiger Dams ("Equipment") delineated in the attached Appendix ("Appendix") from the FDEM to
the Collier County.
WHEREAS, the FDEM purchased and acquired this Equipment to aid in the State of Florida's
Disaster response to Hurricane MILITON;
WHEREAS, the FDEM and the Collier County must enter into this Agreement to transfer
ownership and possession of this Equipment; and
NOW THEREFORE, comes the FDEM and the Collier County, referred herein individually as
"Party" and collectively as "Parties", to set forth the terms and conditions of this Agreement.
I) PURPOSE OF THIS AGREEMENT
The purpose of this Agreement is to memorialize the transfer of ownership and possession of the
Equipment from the FDEM to the Collier County. This Agreement shall be finalized upon the
Effective Date of the last signature.
II) EQUIPMENT TRANSFERRED
The FDEM will transfer ownership and possession of the Equipment listed in the attached
Appendix to the Collier County.
III) COLLIER COUNTY'S RESPONSIBILITIES
a. The FDEM shall deliver the Equipment in "as-is" condition, and the Collier County shall
accept the Equipment in such condition.
b. The Collier County expressly agrees to be fully responsible for the maintenance, repair,
and any other costs associated with the Equipment upon the Effective Date of this
Agreement. Upon the Effective Date of this Agreement, the FDEM hereby relinquishes
any responsibility, financial or otherwise, for the Equipment.
Page 1 of 4
- 16D1
IV) WARRANTY AND LIMITATION OF LIABILITY
THE FDEM MAKES NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OR
FOR ANY PARTICULAR RESULT.
In no event shall the FDEM be liable to the Collier County for any indirect, incidental, special,
punitive, or consequential damages, arising from or in connection with this Agreement and
regardless of the cause of action or theory of law asserted.
V) INDEMNIFICATION
The Collier County agrees to indemnify, defend, and hold the FDEM harmless, from any and all
liabilities, demands, damages, costs and expenses (including reasonable attorneys' fees and
court costs) arising from any third-party suits or claims to the extent based upon or resulting from
the Collier County 's use of the Equipment provided pursuant to this Agreement.
VI) COMPLIANCE WITH LAWS
The Parties agree to comply with all laws and regulations applicable to the performance of their
respective obligations under this Agreement. Each Party is responsible for its own compliance
with this Agreement.
VII) MISCELLANEOUS
a. This Agreement shall be governed by the laws of the State of Florida and venue shall be
in Leon County, Florida.
b. The Parties agree that nothing in this Agreement serves to create an employer-employee
and/or an agency relationship between the FDEM and the Collier County
c. This Agreement creates neither a partnership nor a joint venture, and neither Party has
the authority to bind the other.
d. Any modification of this Agreement or additional obligation assumed by either Party with
regard to this Agreement shall be binding only if evidenced in writing signed by an
authorized representative of each Party.
e. Either Party may request changes to this Agreement. Any changes, modifications,
revisions, or amendments to this Agreement that are mutually agreed upon by and
between the Parties to this Agreement, shall be incorporated by written instrument and
effective when executed and signed by all Parties to this Agreement.
f. This Agreement shall not be construed against either Party and shall be deemed to have
been drafted by both Parties.
g. Nothing contained herein shall constitute a waiver by either Party of its sovereign immunity
or the provisions of Section 768.28, F.S. Nothing herein shall be construed as consent by
either Party to be sued by third parties.
h. This Agreement, upon the Effective Date, contains the entire agreement of the parties and
no prior written or oral agreement, express or implied, shall be admissible to contradict the
provisions of this Agreement.
Page 2 of 4
16D1
i. This Agreement may be executed in counterparts, each of which shall be deemed an
original but all of which shall constitute one and the same Agreement.
INTENTIONALLY LEFT BLANK
Page 3 of 4
16D1
IN WITNESS WHEREOF, the terms and conditions of this Agreement are accepted by both
Parties.
Collier County FLORIDA DIVISION OF
EMERGENCY MANAGEMENT
B cam — By:
Signature Signature
Print Name
Burt L. Saunders, Chairman
Title Title
Date Date
Approved it to form and legality ATTEST . .
CRYST. V I
k ft
Jeffrey A•KlatrJouw.County Attorney BY:
Attie'ac, o Char
sign�ab
Page 4 of 4